On October 26, 2022, Harris Beach’s environmental attorneys won summary judgment dismissing all claims brought against the Dolomite Products Company mining quarry and the Greystone Golf Course in McGonegal v. Dolomite Products Company, Inc. et al., New York Supreme Court, Wayne County, Index No. CV080492. The claims filed by a neighboring property owner alleged that water released from the mining quarry, as well as stormwater drainage from the golf course, adversely impacted the neighbor’s ability to farm surrounding lands in the Town of Walworth. The materials mine is the second largest of its kind in Western New York.
In granting summary judgment, the Court found that the Plaintiff complained about conditions which existed long before the applicable Statute of Limitations period expired, and that there was insufficient evidence of any harm resulting from the actions of Dolomite and/or Greystone. As a result, the Court dismissed plaintiff’s requests for monetary damages and a permanent injunction against future releases of water from the mine.
Late Harris Beach partner, Joe Picciotti, shepherded the case through the pleading and discovery phases for over five years, with Frank Pavia and Steve Nonkes crafting the successful summary judgment motion.
Harris Beach’s Environmental Practice Group provides a full range of environmental law services, from project planning to regulatory advice and compliance to litigation.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach has offices throughout New York state, including Albany, Buffalo, Ithaca, New York City, Rochester, Saratoga Springs, Syracuse, Uniondale and White Plains, as well as Washington D.C., New Haven, Connecticut and Newark, New Jersey.